3745-266-203
Standards applicable to the transportation of waste military munitions.

(A)
Criteria for
hazardous waste regulation of waste non-chemical military munitions in
transportation.

(1)
Waste military munitions
that are being transported and that exhibit a hazardous waste characteristic or
are listed as hazardous waste under Chapter 3745-51 of the Administrative Code,
are listed or identified as a hazardous waste (and thus are subject to
regulation under Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to
3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
Administrative Code), unless all the following conditions are met:

(a)
The waste military munitions are not
chemical agents or chemical munitions;

(b)
The waste military munitions must be
transported in accordance with the department of defense shipping controls
applicable to the transport of military munitions;

(c)
The waste military munitions must be
transported from a military owned or operated installation to a military owned
or operated treatment, storage, or disposal facility; and

(d)
The transporter of the waste must provide
oral notice to the director within twenty-four hours after the time the
transporter becomes aware of any loss or theft of the waste military munitions,
or any failure to meet a condition of paragraph (A)(1) of this rule that may
endanger health or the environment. In addition, a written submittal describing
the circumstances must be provided within five days after the time the
transporter becomes aware of any loss or theft of the waste military munitions
or any failure to meet a condition of paragraph (A)(1) of this rule.

(2)
If any waste military
munitions shipped under paragraph (A)(1) of this rule are not received by the
receiving facility within forty-five days after the day the
waste was shipped, the owner or operator of the receiving facility must report
this non-receipt to the director within five days.

(3)
The exemption in paragraph (A)(1) of this
rule from regulation as hazardous waste applies only to the transportation of
non-chemical waste military munitions. It does not affect the regulatory status
of waste military munitions as hazardous wastes with regard to storage,
treatment, or disposal.

(4)
The
conditional exemption in paragraph (A)(1) of this rule applies only so long as
all of the conditions in paragraph (A)(1) of this rule are met.

(B)
Reinstatement of exemption. If
any waste military munition loses its exemption under paragraph (A)(1) of this
rule, an application may be filed with the director for reinstatement of the
exemption from hazardous waste transportation regulation with respect to such
munition as soon as the munition is returned to compliance with the conditions
of paragraph (A)(1) of this rule. If the director finds that reinstatement of
the exemption is appropriate based on factors such as the transporter's
provision of a satisfactory explanation of the circumstances of the violation,
or a demonstration that the violations are not likely to recur, the director
may reinstate the exemption under paragraph (A)(1) of this rule. If the
director does not take action on the reinstatement application within sixty
days after receipt of the application, then reinstatement is deemed granted,
retroactive to the date of the application. However, the director may terminate
a conditional exemption reinstated by default in the preceding sentence if the
director finds that reinstatement is inappropriate based on factors such as the
transporter's failure to provide a satisfactory explanation of the
circumstances of the violation, or failure to demonstrate that the violations
are not likely to recur. In reinstating the exemption under paragraph (A)(1) of
this rule, the director may specify additional conditions as are necessary to
ensure and document proper transportation to protect human health and the
environment.

(C)
Amendments to DOD
shipping controls. The department of defense (DOD) shipping controls applicable
to the transport of military munitions referenced in paragraph (A)(1)(b) of
this rule are government bill of lading (GBL) (GSA standard form 1109),
requisition tracking form (DD form 1348), the signature and tally record (DD
form 1907), special instructions for motor vehicle drivers (DD form 836), and
the motor vehicle inspection report (DD form 626).

[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11 of the Administrative
Code titled"Incorporated by reference."]